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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - simplex dictum
Definition of simplex dictum
Simplex dictum refers to a simple, unsupported statement or assertion made without proof, evidence, or detailed reasoning. It is a bare claim that lacks substantiation and is not backed by facts, legal authority, or logical argument. In legal contexts, such a statement typically holds little weight because it has not been demonstrated or proven.
Example 1: Imagine a witness testifying in a personal injury case. The witness states, "The defendant was driving recklessly." If the witness provides no further details—no description of erratic driving, no speed estimates, no observation of traffic violations—their statement is a simplex dictum. It's a bare assertion of recklessness without any supporting observations or facts to explain *why* they believe the driving was reckless.
Example 2: Consider a clause in a business contract that simply states, "The parties agree to act in good faith." Without further defining what "good faith" entails in the specific context of that contract, or outlining mechanisms for resolving disputes related to it, this statement could be considered a simplex dictum. It's a general assertion of intent without the necessary specificity or supporting provisions to make it a clear, enforceable legal obligation within the document itself.
Example 3: During a legal debate, one attorney argues, "It is universally accepted that this type of agreement is unenforceable." If the attorney offers no citations to case law, no references to statutes, and no explanation of the legal principles that lead to this conclusion, their argument is a simplex dictum. It's a mere statement of what they believe to be true, presented without the legal authority or reasoning required to substantiate such a claim.
Simple Definition
Simplex dictum refers to a simple or mere statement made by a judge during a legal proceeding. Similar to an obiter dictum, it is an observation that is not essential to the court's decision and therefore does not carry binding precedential weight. It is essentially a casual remark rather than a formal legal pronouncement.